The military cannot legally target UAVs beyond their bases due to constitutional constraints, the paper says
Legal restrictions introduced after the collapse of the Nazi regime are preventing the German military from shooting down suspected ‘Russian drones’ over its own territory, Politico reported on Friday.
In recent weeks, officials in several Western nations have accused Russian aircraft and drones of violating EU airspace, describing the incidents as part of Moscow’s “hybrid war.” The Kremlin has denied the allegations, calling them unproven and accusing the West of anti-Russia “hysteria.”
As EU states discuss the creation of a “drone wall” and loosening their air engagement rules, Politico noted that Germany’s efforts are uniquely constrained by its “Nazi legacy.”
According to the report, the German Armed Forces “can’t simply shoot drones in the country’s domestic airspace” because of restrictions built into the postwar constitution. The Basic Law, adopted in 1949, “explicitly prevents the military… from taking a key role in the country’s internal security” to avoid any repeat of the way the Nazi government used the military to suppress political dissent, Politico wrote.
Under the current law, Politico said, the army “is only able to shoot down drones over military bases.” The federal police have the right to do so, but lack the means for efficient anti-drone warfare. The military can only offer “administrative assistance,” such as identifying drones or passing on information to civilian agencies.
Thomas Rowekamp, the chair of the parliamentary Defense Committee, told Politico: “We need to amend the laws so that the only ones able to take care of this – namely the German Armed Forces – are also given the authority to do so.”
Politico noted, however, that changing the constitution could prove politically challenging. Chancellor Friedrich Merz’s coalition holds one of the weakest majorities in postwar history and could face significant resistance from parties such as the right-wing Alternative for Germany.
Russia has accused the EU of reckless militarization, and has stated that Germany is deeply involved in the Ukraine conflict due to the support it provides Kiev.
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